REGULATIONS OF THE ASSOCIATION FOR PROMOTING THE CONSUMER INFORMATION, MEDIATION AND ARBITRATION CENTER OF THE AZORES

Article 1.
(Object)

The Association for the promotion of the Consumer Information, Mediation and Arbitration Center of the Azores, hereinafter referred to as CIMARA, is an integral part of the Consumer Arbitration Network, being a means of alternative dispute resolution (RAL) and providing information within the scope of rights of consumers, aims to promote the alternative resolution of consumer disputes, of a civil nature, through legal information, mediation, conciliation and arbitration.

Article 2.
(Nature)

1. CIMARA is a private non-profit association authorized by the Member of the Government responsible for the area of ​​Justice to carry out its activity and is registered with the General Consumer Directorate as an alternative dispute resolution entity, in accordance with articles 5 1 and 16 of the Law no. consumer disputes (hereinafter ADR Law).
2. To achieve its purpose in terms of conflict resolution, CIMARA uses the procedures provided for in the RAL Law (mediation, conciliation and arbitration), including, in legally provided cases, the necessary arbitration.
3. In the exercise of its activity, CIMARA cooperates with municipal structures or services and regional public administration, providing consumer support in its geographical area, as well as with the contact point for online dispute resolution and with networks of entities of RAL that facilitate the resolution of cross-border disputes that may be included, in accordance with Regulation (EU) 524/2013, of the European Parliament and of the Council, of May 21, 2013.

Article 3.
(Geographical coverage)

CIMARA has a scope corresponding to the geographic area of ​​the Autonomous Region of the Azores.

Chapter 2 – Competence

Article 4.
(Material competence)

1. CIMARA promotes the resolution of consumer conflicts.
2. Consumer conflicts are considered to be those arising from the acquisition of goods, the provision of services or the transfer of any rights intended for non-professional use and provided by an individual or legal entity, which professionally carries out economic activity aimed at obtaining benefits, under the terms of the provided for in paragraph 1 of article 2 of Law nº 24/96, of July 31, with the respective amendments.
3. The supply of goods, provision of services or transmission of rights by Public Administration bodies, public legal entities, companies with public capital or majority-owned companies by the State, autonomous regions or local authorities are considered to be included within the scope of the previous paragraph, and by companies providing essential public services, in accordance with the provisions of paragraph 2 of article 2 of Law nº 24/96, of 31 July, with the respective amendments.
4. CIMARA cannot accept or decide disputes in which crimes of a criminal nature are alleged or which are excluded from the scope of application of the ADR Law.
5. CIMARA may refuse disputes in which the provisions of paragraphs a) to e) of paragraph 1 of article 11 of the RAL law are met, setting the period referred to in paragraph e) of the same provision at two years.

Article 5.
(Territorial competence)

1. CIMARA is competent to resolve conflicts arising from consumer contracts concluded within the respective geographic scope, in accordance with the provisions of article 3 of this regulation.
2. CIMARA is also competent for resolving cross-border consumer disputes that concern online procurement, in accordance with Regulation (EU) 524/2013, of the European Parliament and of the Council, of May 21, 2013 (hereinafter referred to as the RLL Regulation ) .

Article 6.
(Competence based on value)

CIMARA can examine and decide consumer disputes, as long as they are of a value not exceeding the jurisdiction of the appeal courts.

Chapter 3 – Consumer complaints

Article 7.
(Consumer complaint)

A complaint is the means by which a consumer exposes the facts that he or she understands to be part of a consumer dispute. The complaint must identify the complainant and the defendant, describe the facts related to the consumer issue in dispute and formulate the request, whenever possible, duly quantified.

Article 8
(Submission of consumer complaints)

1. The complaint must be formulated on a specific form, with a standardized model for all Centers, available in printed or digital format, in accordance with paragraphs a) and c) of article 6 of Law R.
2. When submitting the complaint, the complainant must indicate the most expeditious means of contact, as well as the possible acceptance that notifications in the arbitration phase be made via email.
3. The complaint must be accompanied by all available supporting documentation.
4. Complaints can be submitted in the following languages: Portuguese, Spanish, English, French and Italian.
5. The process is always conducted in Portuguese.

Article 9.
(Legal Information)

CIMARA’s Legal Support services will ensure the provision of the necessary legal information in each case, with a view to providing adequate clarification to users and the eventual presentation of a complaint.

Chapter 4 – Conflict resolution

Article 10.
(Mediation)

1. Mediation aims to reach an agreement, being a flexible procedure in order to adapt to the specific conflict that is intended to be resolved, as well as tending to be effective in its resolution and accessible to the parties under the terms of article 10, n. 1 of the RAL Law.
2. After a summary analysis of the facts alleged in the complaint and its legal framework, CIMARA contacts the complaining party, informing them of the content of the complaint and the request, requesting a response with a view to reaching an agreement between the parties.
3. Mediation can take place without the joint presence of the parties or even through distance communication mechanisms, through successive intermediated bilateral contacts, until an agreement is concluded or it is impossible to reach it.
4. Once an agreement is reached, the process must contain documentary support proving that it was reached and the respective terms.
5. Once mediation is complete and if the process does not proceed to the conciliation/arbitration phase, the parties must be notified of its outcome via durable media and receive a statement indicating the reasons on which it was based, if these are not already determined in said mediation. notification.

Article 11.
(Arbitration agreement and arbitration required)

1. Consumer disputes of small economic value are subject to necessary arbitration or mediation when, at the express option of consumers, they are submitted for consideration by an arbitration court linked to legally authorized consumer dispute arbitration centers.
2. Consumer disputes relating to essential public services are also subject to the necessary arbitration, as set out in Law No. 23/96, as last amended by Law No. 41/2019, as well as all those that may be covered by this regime. , notably, required arbitration.
3. The submission of disputes to the Arbitration Court for decision, which are not covered in the previous paragraphs, depends on the agreement of the parties.
4. The arbitration agreement may take the form of an arbitration agreement or arbitration clause and must adopt written form in accordance with the Voluntary Arbitration Law.
5. Under the terms of the caput, suppliers of goods and service providers will be able to fully join CIMARA.

Article 12.
(Conciliation)

1. Prior to the arbitration hearing, attempts may be made to resolve the dispute through conciliation between the parties.
2. Said conciliation attempt must be carried out by the arbitrator, the director of CIMARA or a lawyer responsible for alternative dispute resolution procedures.
3. Once the parties’ agreement is reached, it will be reduced to writing and, after approval by the arbitrator, it will produce the effects of an arbitration award.

Article 13.
(Arbitration)

1. If no agreement results from the conciliation attempt, the arbitrator will begin the arbitration hearing.
2. Notwithstanding the beginning of the hearing, the parties may agree to resolve the dispute until its end, subject to the provisions of § 3 of the previous article.

Article 14.
(Arbitration court)

1. The Arbitration Court is composed of at least one Arbitrator, following a proposal from CIMARA approved by the General Assembly.
2. The Arbitrator may be advised by CIMARA employees, who must maintain total impartiality and independence in relation to the parties, especially regarding the processes in which they participated, in accordance with article 8 of the RAL Law.

Article 15.
(Arbitration hearing)

1. Hearings are held at CIMARA’s headquarters, at its police stations or at another location to be designated, and the parties must be notified at least 10 days in advance.
2. The Arbitrator conducts the work, gives the floor to the parties, can order investigations to be carried out, questions witnesses, or authorizes the parties to do so directly, and supervises the writing of the minutes.
3. The Arbitrator decides in accordance with the law unless the parties agree that the dispute be decided in accordance with equity.
4. The parties may be represented or assisted by third parties, namely lawyers, consumer associations or business associations.
5. The complaining party may present a written response up to 48 hours before the time scheduled for the hearing or orally at the hearing itself, and the parties must produce all the evidence they deem relevant.
6. All types of evidence admissible in law are accepted, with a limit of 3 witnesses for each party, this limit being doubled in cases worth more than 5,000 euros.
7. Unless otherwise agreed, the costs of the means of evidence, notably the carrying out of expert examinations and technical analyses, are the responsibility of the party that presents or requests them.

Article 16.
(Court location)

The trial takes place at CIMARA’s headquarters, in its delegations or in any other location that meets the necessary technical conditions for this purpose, notably via teleconference, to be designated by the arbitrator judge.

Article 17.
(Arbitration award)

1. The arbitration award must contain a summary, be substantiated and contain the identification of the parties, the statement of the dispute and the facts proven.
2. The arbitration award, the original of which is deposited at CIMARA, is notified to the parties by sending a simple copy, within a maximum period of 15 days from the date of the hearing.
3. The period referred to in the caput may be extended, for an equal period, due to the arbitrator’s impediment.
4. The arbitration award has the same mandatory nature and the same enforceable force as a judgment of a judicial court, being subject to appeal only if the value of the case exceeds that of the jurisdiction of the judicial court of first instance and has been decided in accordance with the law.

Chapter 5 – Final provisions

Article 18.
(Fees)

1. Dispute resolution procedures are free of charge.
2. However, they may be subject to the payment of reduced fees, in which case the existence of the obligation for this payment and the form of its collection will be defined in a document attached to this regulation, making it an integral part.

Article 19.
(Procedural deadlines)

Complaint processes cannot last longer than 90 days, unless the dispute reveals particular complexity, and this period may be extended a maximum of two times, for equal periods, in accordance with paragraphs 5 and 6 of article 10 of the RAL Law.

Article 20.
(Form of Notification in the conciliation/arbitration phase)

1. In the context of conciliation/arbitration, notifications are made by registered letter with acknowledgment of receipt.
2. Notwithstanding the provisions of the previous paragraph, either party may agree with CIMARA that notifications be made by other means, notably electronic mail.

Article 21.
(Applicable legislation)

1. The ADR Law applies to the creation and operation of Consumer Dispute Arbitration Centers, which transposed Directive 2013/11/EU of the European Parliament and of the Council, of May 21, 2013, on the alternative resolution of consumer disputes. .
2. Within the scope of the European online dispute resolution system, Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 applies.
3. In addition to the legal diplomas referred to in the previous paragraphs, in everything that is not provided for in these Regulations, the Voluntary Arbitration Law and, alternatively, the rules of the Civil Procedure Code apply.